Daughter Not Suffering From Any Physical Or Mental Abnormality Cannot Claim Maintenance From Father: J&K High Court

The Jammu and Kashmir High Court unburdened the liability fastened upon a father by virtue of a maintenance order passed under section 488 of the erstwhile Jammu and Kashmir CrPC Act by the trial magistrate ordering him to pay maintenance to his major able-bodied daughters six years ago.

The court held that two unmarried major daughters who were able-bodied and did not suffer from any physical or mental disability were not entitled to receive maintenance by invoking 488 of CrPC by any stretch of claim or reasoning.

A bench of Justice Rahul Bharti held that both magistrate and the revisional Sessions Court had erred by passing the order against the petitioner and in favour of the respondent-daughters despite their being bar under section 488 CrPC for passing such order in view of the fact that daughters were not prevented by virtue of the mental or physical disability to maintain themselves.

The court noted that Section 488 of the Jammu and Kashmir Code of Criminal Procedure, Svt, 1989 which was in force at the time when the said order was passed provided that If any person having sufficient means neglects or refuses to maintain the legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury finable to maintain itself.

The conditions under the provisions, although provided that even unmarried major daughters can seek maintenance from their father, also say that they should not be able to maintain themselves by virtue of any physical and mental disability.

The court said both the orders passed by the court were illegal and liable to be set aside

BACKGROUND:

The petitioner challenged by virtue of the present petition the order passed by the trial magistrate for the maintenance of his major daughters. They had filed the maintenance applicationbefore the Judicial Magistrate 1st Class, Anantnag, under Section 488 of the Code of Criminal Procedure, 1973, seeking maintenance.

Notably, at the time the petition for maintenance was filed, all three children had attained the age of majority. On the other side, the petitioner, considering himself financially dependent on his son for sustenance, also filed a petition seeking maintenance under Section 488 of the J&K CrPC and his application was instituted before the same court.

The Judicial Magistrate 1st Class allowed the petitioner's plea and held him entitled to a monthly maintenance of Rs. 2000/- from his son, respondent No. 3. The Court observed that the petitioner was unable to maintain himself and hence eligible for such relief.

The application filed by the petitioner's daughters and son remained pending for nearly five years until the order was passed by the magistrate on 09.04.2019, whereby the Court held that the two unmarried daughters (respondents No. 1 and 2) were each entitled to monthly maintenance of Rs. 1200/-, effective from 10.07.2014.

The petitioner, aggrieved by the said order challenged it through a criminal revision before the Principal Sessions Judge, Anantnag. However, his plea was dismissed, leaving the impugned maintenance liability intact. Hence, the petitioner has approached this Hon'ble Court by way of the present petition under Section 482 CrPC, invoking the Court's inherent jurisdiction. He seeks to set aside the order dated 09.04.2019 on the grounds that it unfairly imposes a monthly financial burden of Rs. 2400/-, payable to respondents No. 1 and 2, despite the petitioner's own recognized financial dependency on his son.

APPEARANCE:

G.N. Sofi, Advocate for Petitioners

None for Respondents

Case-Title: ABDUL RAHEEM BHAT (Senior Citizen) vs BEAUTY JAN AND ORS

Citation: 2025 LiveLaw (JKL) 145

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